Citation Nr: 22019999
Decision Date: 04/04/22	Archive Date: 04/04/22

DOCKET NO. 17-35 146
DATE: April 4, 2022

ORDER

Service connection for a right shoulder disability is granted.

FINDING OF FACT

The Veteran's right shoulder disability is at least as likely as not related to service.

CONCLUSION OF LAW

The criteria for service connection for a right shoulder disability are met. 38 U.S.C. §§ 1110, 5107; 38 C.F.R. §§ 3.102, 3.303, 3.304.

REASONS AND BASES FOR FINDING AND CONCLUSION

The Veteran served on active duty from July 1993 to November 1996 in the U.S. Army. This matter comes before the Board of Veterans' Appeals (Board) from a May 2015 rating decision by the Department of Veterans Affairs (VA) Regional Office (RO).

This matter was most recently before the Board in January 2022, at which time the issue on appeal was remanded for additional development. This case has now returned to the Board for appellate consideration.

The Veteran contends that his right shoulder disability is related to service. Alternatively, the Veteran contends that his right shoulder disability was caused or aggravated by his service-connected right wrist disability.

Service connection may be granted for disability resulting from disease or injury incurred in or aggravated by active service. 38 U.S.C. §§ 1110, 5107; 38 C.F.R. § 3.303. The three-element test for service connection requires evidence of: (1) a current disability; (2) in-service incurrence or aggravation of a disease or injury; and (3) a causal relationship between the current disability and the in-service disease or injury.

The Veteran has a current diagnosis of right shoulder strain, degenerative arthritis, and acromioclavicular joint osteoarthritis. See October 2019 and October 2021 VA Examinations. Accordingly, the first element of service connection is established.

Regarding the second element, in service incurrence, the Veteran reported that he initially felt pain in his right shoulder, right wrist, right arm, and back during basic training and continued to have issues with his right side, believing the pain originated with his right wrist. See October 2014 Correspondence. He stated that he experienced pain on his right side from his back to his wrist while holding a weapon, conducting physical training, carrying a rucksack, wearing body armor, and load bearing equipment. Id. The Veteran's statements are consistent with his military service. As such, the second element of service connection is established.

Turning to the third element, the evidence consists of October 2019, October 2021, and February 2022 VA opinions. The Board previously found the October 2019 and October 2021 VA opinions inadequate because they did not adequately consider the Veteran's lay statements. As such, they will not be considered. 

After considering the Veteran's lay statements and medical history, the February 2022 VA physician opined that it is at least as likely as not that his right shoulder disability, to include right shoulder strain, degenerative arthritis, and acromioclavicular joint osteoarthritis, had its onset in, was caused by, or is otherwise related to service. The rationale stated that heavy lifting caused shoulder pain during service and the Veteran likely had an unrecognized impingement syndrome. The rationale further stated that the Veteran's right shoulder problem was exacerbated by it being unrecognized, undiagnosed, and untreated while continuing with the physical demands of service.

Based on the foregoing and resolving any reasonable doubt in favor of the Veteran, the Board finds that service connection for a right shoulder disability is warranted. 

 

 

JOHN Z. JONES

Veterans Law Judge

Board of Veterans' Appeals

Attorney for the Board	T. Kernen, Associate Counsel

The Board's decision in this case is binding only with respect to the instant matter decided. This decision is not precedential and does not establish VA policies or interpretations of general applicability. 38 C.F.R. § 20.1303.